My Carpet, Inc. v. Bruce Supply Corp.
Cases that cite this one
5 later published cases cite this decision.
- Field v. Bao (Appellate Division of the Supreme Court of New York 2016)
- Umar v. Ohrnberger (Appellate Division of the Supreme Court of New York 2010)
- Morgenstern v. Jeffsam Corp. (Appellate Division of the Supreme Court of New York 2010)
- McArthur v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2008)
- Suazo-Alvarez v. Nordlaw, LLC (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action, inter alia, to recover damages for loss of property, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J), dated March 28, 2003, which granted the defendant’s motion to strike the complaint pursuant to CPLR 3126 (3).
Ordered that the order is affirmed, with costs.
The plaintiff’s continued failure to comply with discovery requests, and a so-ordered stipulation to satisfy those requests, was willful, contumacious, and in bad faith (see Beneficial Mtge. Corp. v Lawrence, 5 AD3d 339 [2004]). Therefore, the Supreme Court providently exercised its discretion in striking the plaintiffs complaint as a sanction pursuant to CPLR 3126 (3) (see Yona v Beth Israel Med. Ctr., 285 AD2d 460, 461 [2001]). Ritter, J.P., S. Miller, Townes, Crane and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.